SIHOR EDUCATION SOCIETY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Hriday Buch, learned advocate for the petitioner.

(2.) It is submitted that the land in question was granted to the petitioner-Society by way of a Sanad for the construction of a School, upon certain conditions. That on a part of the land, the petitioner-Society constructed shops, which were given on lease in order to earn income. For this breach of condition of the Sanad, a Show Cause Notice was issued by the Education Department of the State Government. The petitioner replied to the Show Cause Notice and rendered an explanation. By an order dated 06.02.2013, the petitioner was directed by the State Government to deposit an amount of Rs. 39,81,000/-, being the amount earned from the shops with the State Government. However, by another communication dated 03.08.2013, the State Government directed that instead of Rs. 39,81,000/-, an amount of Rs. 19,76,362/- ought to be deposited and the Management of the School would continue with the petitioner-Society.

(3.) It is submitted that once a Sanad is issued and the land has been permanently allotted to the Society, powers under Section-211 of the Gujarat Land Revenue Code, 1879 ("the Code", for short) cannot be exercised in order to question the said allotment by issuing a Show Cause Notice. The proceedings initiated by the Show Cause Notice dated 05.06.2014 by the Collector are, therefore, without jurisdiction.